Examples of Consenting Crossholders in a sentence
The RSA contains certain provisions that give the Required Consenting Noteholders, the Required Consenting Bank Lenders (as defined in the RSA), the Required Consenting Crossholders (as defined in the RSA), and the Required Consenting Non-Crossholders (as defined in the RSA) the ability to terminate the RSA if various conditions are not satisfied.
Required Consenting Crossholders has the meaning set forth in the Restructuring Support Agreement.
The Plan (including all documents necessary to effectuate the Plan) was negotiated in good faith and at arm’s length among the Debtors, the Consenting Bank Lenders, the Consenting Crossholders, the Consenting Noteholders, and the Creditors’ Committee, and their respective advisors.
Class 3 (First Lien Credit Facility Claims), Class 4 (Consenting Crossholders Claims), Class 5 (Ongoing Trade Claims), Class 7 (Unsecured Claims), Class 10 (Existing LP Common Units), Class 11 (Existing REIT Preferred Stock), Class 12 (Existing REIT Common Stock), and Class 14 (Section 510(b) Claims) are Classes of Impaired Claims that have voted to accept the Plan in accordance with sections 1126(b) and (c) of the Bankruptcy Code.
Senior Unsecured Notes New Preferred Stock Distribution means the New Preferred Stock less any New Preferred Stock included in (i) the Consenting Crossholders Secured Claims Recovery Pool and (ii) the Bank Lender Deficiency Claims Equity Distribution, if applicable.
As described in the Tabulation Declaration, the holders of Claims in Class 3 (First Lien Credit Facility Claims), Class 4 (Consenting Crossholders Claims), Class 5 (Ongoing Trade Claims), Class 7 (Unsecured Claims), Class 10 (Existing LP Common Units), Class 11 (Existing REIT Preferred Stock), Class 12 (Existing REIT Common Stock), and Class 14 (Section 510(b) Claims) are Impaired under the Plan and have voted to accept the Plan in the numbers and amounts required by section 1126 of the Bankruptcy Code.
This Agreement and the Parties’ respective obligations hereunder shall become effective when (a) each of the Company Entities, the Consenting Crossholders, and the Sponsors shall have executed and delivered to the other Parties a counterpart of this Agreement and (b) the Closing shall have occurred.
Capitalized terms used but not defined in this report shall have the meanings ascribed to them in the Plan, which is filed as an exhibit to the Company’s August 12 Form 8-K.Apart from such agreements, there are no arrangements or understandings between Mr. Heller and any other persons pursuant to which he was selected as director.Certain funds and accounts advised by Canyon Capital Partners (the “Canyon Funds”) are Consenting Crossholders.
With respect to the aggregate principal amount of Claims and Interests set forth below its name on the signature page hereto, the Joining Party hereby makes the representations and warranties of the Consenting Crossholders, as set forth in Article III of the Agreement to each other Party to the Agreement.